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A bill to be entitled |
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An act relating to the Lakeland Downtown Development |
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Authority; codifying, amending, repealing, and reenacting |
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special acts relating to the Lakeland Downtown Development |
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Authority, an independent special district; providing |
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definitions; providing a statement of policy; providing a |
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method of defining the downtown area; creating a board to |
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be known as the Lakeland Downtown Development Authority; |
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providing for composition of the board; providing for |
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appointment, term of office, compensation, bonding, and |
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liability of the members of the board; providing for |
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filling vacancies in office; providing for bylaws and |
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internal governance of the board; prescribing the |
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functions and powers of the board; providing for Polk |
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County to levy an ad valorem tax of not more than 2 mills; |
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providing for records and fiscal management; providing for |
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issuing revenue certificates; providing for succession by |
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the city if the board ceases to exist or operate; |
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providing for referenda; prescribing the scope of this |
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act; providing for liberal construction; repealing |
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chapters 77-588 and 78-549, Laws of Florida; providing an |
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effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Pursuant to section 189.429, Florida Statutes, |
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this act constitutes the codification of all special acts |
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relating to the Lakeland Downtown Development Authority |
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District, also known as the Lakeland Downtown Development |
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Authority. It is the intent of the Legislature in enacting this |
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law to provide a single, comprehensive special act charter for |
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the district, including all current legislative authority |
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granted to the district by its several legislative enactments |
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and any additional authority granted by this act.
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Section 2. Chapters 77-588 and 78-549, Laws of Florida, |
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are codified, reenacted, amended, and repealed as herein |
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provided. |
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Section 3. The Lakeland Downtown Development Authority |
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District is reenacted, and the charter for the district is re- |
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created and reenacted to read: |
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Section 1. Short title.--This act shall be known and may |
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be cited as the “Lakeland Downtown Development Authority Act.”
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Section 2. Definitions and rules of construction.--Unless |
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qualified in the text, the following definitions and rules of |
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construction shall apply:
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(1) “Board” means the Lakeland Downtown Development |
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Authority Board and any successor to its functions, authority, |
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rights, and obligations.
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(2) “City” and “Lakeland” mean the City of Lakeland.
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(3) “City commission” means the Lakeland City Commission |
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and any succeeding governing body of the city.
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(4) “Downtown” and “downtown area” mean the area |
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established by the city commission as set forth herein and to |
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which this act primarily relates, including the central business |
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district and its environs.
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(5) “Herein,” “hereby,” “hereof,” and similar compounds |
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refer to the entire act.
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(6) “Including” shall be construed as merely introducing |
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illustrative examples and not as limiting in any way the |
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generality of the inclusive term.
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(7) “Majority” without qualification means a majority of a |
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quorum.
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(8) “Mayor” means the Mayor of the City of Lakeland.
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(9) “State” means the State of Florida.
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(10) “Freeholder” for the purposes of this act means any |
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owner of real property in the downtown area not wholly exempt |
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from ad valorem taxation, including those claiming homestead, |
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whether individual, corporation, trust, estate, partnership, or |
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other artificial legal entity.
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(11) “Elector” shall be as defined in Section 2 of Article |
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VI of the State Constitution, 1968.
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Section 3. Statement of policy.--It is the policy of the |
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state to make it possible for the City of Lakeland to revitalize |
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and preserve property value and prevent deterioration in the |
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central business district by a system of self help to correct |
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the blight of such deterioration as has developed there. It is a |
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purpose of this act to provide the means whereby property owners |
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within said district benefiting directly from the result of such |
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a program shall bear the substantial cost thereof, and thereby |
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local problems may be solved on a local level.
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Section 4. Downtown area description.--
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(1) The boundaries of the Lakeland Downtown Development |
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Authority District are:
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Commencing at a point at the intersection of Iowa Av. |
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and Magnolia St., proceed south and easterly along the |
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western right-of-way of the proposed In-Town Bypass |
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(SR 600), Project No. 16000-3502, to the intersection |
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with the CSX railroad tracks; thence proceed |
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northeasterly along the CSX railroad tracks to the |
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intersection with the proposed In-Town Bypass; thence |
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southeasterly along the proposed In-Town Bypass to |
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Lake Av.; thence southerly along Lake Av. to E. Orange |
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St.; thence westerly along E. Orange St. to S. Iowa |
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Ave.; thence southerly along S. Iowa Ave. to Lake |
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Morton Dr.; thence westerly along Lake Morton Dr. to |
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Louise Place; thence westerly along Louise Place to S. |
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Florida Ave,; thence northerly along S. Florida Ave. |
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to W. Walnut St.; thence westerly along W. Walnut St. |
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to S. Missouri Ave.; thence southerly along the |
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western right-of-way line of S. Missouri Ave. to the |
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centerline of W. Hickory St.; thence westerly along |
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the centerline of W. Hickory St. approximately 135' |
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from the western right-of-way line of S. Missouri Ave. |
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to the centerline of the closed north-south alley way; |
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thence southerly along the centerline of said closed |
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alley way to the north right-of-way line of W. |
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Palmetto St.; thence westerly approximately 830.68' |
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along W. Palmetto St. to the northwestern corner of |
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the intersection of W. Palmetto St. and Lakeside Ave.; |
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thence northerly approximately 199.98'; thence |
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westerly approximately 219.26' to the southeasterly |
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right-of-way line of Sikes Blvd.; thence southeasterly |
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along Sikes Blvd. to the extended north-south |
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alignment of the western boundary of The Lakeland |
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Center south parking lot; thence northerly along said |
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alignment to W. Lime St.; thence westerly along W. |
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Lime St. to Lake Beulah Dr.; thence northerly along |
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Lake Beulah Dr. to W. Lemon St.; thence easterly along |
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W. Lemon St. to Dakota Ave.; thence northerly along |
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Dakota Ave. and Dakota Ave. extended to Lake Wire Dr.; |
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thence easterly along the south and east side of Lake |
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Wire to New York Av.; thence northerly along New York |
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Av. to Magnolia St.; thence easterly along Magnolia |
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St. to the point of beginning.
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(a) The city commission shall set a date for a public |
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hearing for the adoption of an ordinance describing the downtown |
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area. Upon the adoption of a resolution, the city commission |
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shall cause a notice of the public hearing to be published in a |
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newspaper of general circulation published in the city, which |
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notice shall be published two times, not less than 30 nor more |
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than 60 days from the date of the hearing. The notice shall set |
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forth the date, time, and place of the hearing and shall |
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describe the proposed boundaries of the downtown area. |
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Additionally, the board shall cause to be mailed to each owner |
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of real property within the proposed area not wholly exempt from |
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taxes, according to the tax collector’s records existing in Polk |
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County, a copy of the notice as published in the paper, not less |
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than 15 days prior to the hearing. Any citizen, taxpayer, or |
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property owner shall have the right to be heard in favor of, or |
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in opposition to, the proposed boundaries of the downtown |
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district.
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(b) After the public hearing, the city commission shall, |
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in the manner authorized by law, adopt an ordinance defining the |
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downtown area. The city commission shall not incorporate land |
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into the district not included in the description contained in |
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the notice of the public hearing, but it may eliminate any lands |
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from the area, as published, in the final determination of the |
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boundaries. Such eliminated lands shall be free from any |
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additional tax imposed herein. From and after the effective date |
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of the ordinance, it shall have existence as herein provided.
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(2) The city commission may from time to time, by the |
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procedure herein provided, alter or amend the boundaries of the |
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downtown area by the inclusion of additional territory or the |
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exclusion of lands from the limits of the district.
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Section 5. Creation of the board; composition and |
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provisions relating to members.--There is hereby created a board |
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composed of seven members to be known officially as the |
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“Lakeland Downtown Development Authority.” The board is hereby |
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constituted a body corporate and an agency of the city. |
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Performance by the board of its duties and exercise of its |
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powers are hereby designated municipal functions and shall be so |
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construed.
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(1) Six noncommissioner members of the board shall be |
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elected for 3-year terms, with two members being elected in an |
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authority election each year, at a date specified in the bylaws, |
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by:
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(a) The electors residing within the downtown area and |
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registered within a precinct which lies within the downtown |
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area.
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(b) The designated voting representatives of any |
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corporation or other artificial legal entity owning property |
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within the taxing district.
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(c) Any freeholder owning property within the district. |
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Corporations or other artificial legal entities desiring to |
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designate a voting representative with the board shall do so in |
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the form and manner specified in the bylaws.
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In any election, each qualified voter shall have the right to |
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write in any additional person on the ballot for each office. |
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Any ballot received more than 2 weeks later than the date mailed |
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by the authority shall be null and void. Similarly, any ballot |
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containing fewer than 2 votes shall be null and void. |
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Nominations for board members shall be made by filing with the |
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city clerk a petition on a form to be prescribed by the clerk, |
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bearing the signatures of at least 10 electors or freeholders |
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entitled to vote in the election.
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(2) Two noncommissioner board members shall be elected at |
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each annual election. Each qualified voter shall vote for two of |
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those nominated for office. The two nominees receiving the |
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greatest number of votes shall be elected as noncommissioner |
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board members and shall serve for 3-year terms. In addition, the |
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mayor, or a commissioner serving on the City Commission of |
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Lakeland and designated by the mayor, shall serve in the |
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position of commissioner board member on the Lakeland Downtown |
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Development Authority.
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(3) The City Manager of the City of Lakeland shall serve |
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as an ex officio member of the board.
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(4) To qualify for service on this board and to remain |
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qualified for service on it, all board members, except for |
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commissioner members, shall have their principal places of |
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business or employment in the downtown area or shall hold |
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property in the downtown area.
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(5) In the event of any vacancies in office, the board |
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shall appoint someone to serve temporarily until the next |
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scheduled election, at which time there shall be nominations, as |
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provided herein, for the remainder of the unexpired term.
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(6) Each member of the board shall serve without |
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compensation for services rendered as a member but may be |
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reimbursed by the board for necessary and reasonable expenses |
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actually incurred in the performance of duty. The board may |
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require that all its members or any or all of its officers or |
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employees be required to post bond for faithful performance of |
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duty. The board shall require such bond of all persons |
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authorized to sign on accounts of the board, and the board shall |
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pay bonding costs. No member of the board shall be personally |
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liable for any action taken in attempting in good faith to |
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perform his or her duty, or for a decision not to act, except in |
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instances of fraud or willful neglect of duty.
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Section 6. Board bylaws and internal governance.--
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(1) The board shall formulate and may amend its own rules |
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of procedure and written bylaws, not inconsistent herewith, but |
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such rules of procedure and written bylaws and amendments |
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thereto shall become effective only after the approval of a |
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majority of the voting members of the board.
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(2) Four voting members of the board shall constitute a |
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quorum for the transaction of business, but fewer than a quorum |
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may adjourn from time to time. All action shall be taken by vote |
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of at least a majority present and voting. Each year the board |
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shall select one of its members as chair and another as vice |
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chair. It shall hold regular meetings at least once a month at a |
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regular meeting place to facilitate the attendance of interested |
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parties and shall provide in its bylaws for holding special |
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meetings. All owners of property in the downtown area not wholly |
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exempt from taxes shall be notified by mail of the time and |
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place of all special meetings, and any person shall have the |
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right to attend and voice opinions at such meetings.
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Section 7. Functions of the board.--The board shall |
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perform the following functions:
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(1) The board shall not provide city governmental |
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services, but shall act as a catalyst to see that such services |
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are properly planned for within the downtown area and are |
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provided in a proper and full manner within that area.
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(2) Assist the city in preparing and maintaining on a |
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current basis an analysis of the economic conditions and changes |
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occurring in the downtown area, including the effect thereon of |
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such factors as metropolitan growth, traffic congestion, parking |
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and other access facilities, and structural obsolescence and |
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deterioration.
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(3) Assist the city in formulating and maintaining on a |
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current basis both short-range and long-range plans for |
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improving the attractiveness and accessibility to the public of |
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downtown facilities, promoting efficient use thereof, remedying |
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the deterioration of downtown property values, and developing |
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the downtown area in general.
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(4) Recommend to the city, for its consideration and |
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approval, the actions deemed most suitable for implementing any |
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downtown development plans, including removal, razing, repair, |
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renovation, reconstruction, remodeling, and improvement of |
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existing structures, addition of new structures and facilities, |
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relocation of those existing, and changes in facilities for |
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getting thereto and therefrom.
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(5) Participate actively in the implementation and |
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execution of downtown development plans, including |
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establishment, acquisition, construction, ownership, financing, |
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leasing, licensing, operation, and management of publicly owned |
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or leased facilities deemed feasible and beneficial in effecting |
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implementation for public purposes; however, this subsection |
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shall not give the board any power or control over any city |
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property unless and until assigned to it by the city commission |
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under the provision of subsection (6).
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(6) Carry on such additional lawful projects and |
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undertakings related to the downtown area as the city commission |
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may assign to the board with its consent.
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Section 8. Powers of the board.--In the performance of the |
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functions vested in or assigned to the board under section 7, |
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the board is granted the following powers:
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(1) To enter into contracts and agreements to accomplish |
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the functions set forth in section 7 and to sue and be sued as a |
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body corporate.
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(2) To have and use a corporate seal.
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(3) To accept grants and donations of any type of |
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property, labor, or other thing of value from any public or |
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private source.
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(4) To receive the proceeds of the tax hereby imposed.
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(5) To receive the revenues from any property or facility |
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owned, leased, licensed, or operated by it or under its control, |
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subject to the limitations imposed upon it by trusts or other |
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agreements validly entered into by it.
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(6) To have exclusive control of funds legally available |
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to it, subject to limitations imposed upon it by law or by any |
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agreement validly entered into by it.
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(7) To cooperate and enter into agreements with other |
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governmental agencies or other public bodies, except that |
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nothing in this act shall be construed as authorization to |
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initiate a federally subsidized urban renewal program and any |
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such urban renewal program is hereby specifically prohibited.
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(8) To borrow money and to issue and sell revenue |
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certificates as hereinafter provided, or in any other manner |
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permitted by law and not inconsistent with the provisions |
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hereof, and to take all steps necessary for efficient |
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preparation and marketing of the certificates at public or |
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private sale at the best price obtainable, including the entry |
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into agreements with corporate trustees, underwriters, and the |
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holders of the certificates, and the employment and payment as a |
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necessary expense of issuance, for the service of consultants on |
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valuations, costs, and feasibility of undertaking, revenues to |
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be anticipated and other financial matters, architecture, |
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engineering, legal matters, accounting matters, and any other |
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fields in which expert advice may be needed to effectuate |
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advantageous issuance and marketing.
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(9) To request by resolution that the city exercise its |
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powers of eminent domain to acquire any real property for public |
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purposes. If the property involved is acquired, the board shall |
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take over and assume control of such property on terms mutually |
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agreed upon between the city and the board, but the board shall |
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not hereafter be authorized to sell, lease, or otherwise dispose |
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of such property so acquired without the formal consent of the |
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city commission.
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(10) To acquire, own, convey, or otherwise dispose of, |
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lease as lessor or lessee, construct, maintain, improve, |
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enlarge, raze, relocate, operate, and manage property and |
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facilities of whatever type to which it holds title and to grant |
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or acquire licenses, easements, and options with respect |
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thereto.
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Section 9. Levy of ad valorem tax.--Polk County, upon |
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request of the board for the purpose of implementing its |
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authority under this act, shall levy an ad valorem tax in |
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addition to all other ad valorem taxes that may be levied |
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annually by the county on all real property within the area |
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described in section 4, except that no such tax shall be levied |
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on property qualifying for homestead exemption, and Polk County |
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shall administer such levy as a special taxing district levy |
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authorized under Section 9 of Article VII of the State |
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Constitution. The rate shall not exceed 2 mills on each dollar |
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of tax base, and the board shall establish its budget for the |
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coming fiscal year and for each fiscal year thereafter prior to |
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the time the Tax Collector of Polk County shall prepare his or |
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her tax bills. After making public the proposed budget, the |
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board shall communicate by written notice to the Tax Assessor of |
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Polk County what millage rate, within the 2-mill limit, shall be |
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in effect for the next year’s billing.
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Section 10. Board records and fiscal management.--
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(1) The funds of the board shall be maintained under a |
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separate account, shall be used for the purposes herein |
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authorized, and shall be distributed only by direction of or |
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with the approval of the board pursuant to requisitions signed |
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by the director or other designated chief fiscal officer of the |
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board and countersigned by at least one other person who shall |
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be a member of the board.
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(2) The board bylaws shall provide for maintenance of |
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minutes and other official records of its proceedings and |
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actions, for preparation and adoption of an annual budget for |
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each ensuing fiscal year, for internal supervision and control |
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of its accounts, which function the appropriate city fiscal |
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officers may perform at its request, and for an external audit |
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at least annually by an independent certified public accountant |
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who has no personal interest, direct or indirect, in its fiscal |
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affairs. A copy of the external audit shall be filed with the |
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city clerk within 90 days after the end of each fiscal year.
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(3) No member or employee of the board shall participate |
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by vote or otherwise on behalf of the board in any matter in |
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which he or she has a direct financial interest or an indirect |
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financial interest other than of the benefits to be derived |
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generally from the development of the downtown area. |
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Participation with knowledge of such interest shall constitute |
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malfeasance and shall result, as regards a member, in automatic |
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forfeiture of office or, as regards an employee, in prompt |
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dismissal.
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Section 11. Issuance of revenue certificates.--Issuance of |
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revenue certificates by the board shall be governed by the |
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following general provisions:
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(1) Revenue certificates for purposes hereof are limited |
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to obligations that are secured solely by pledge of revenues |
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produced by the facility or facilities for the benefit of which |
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the certificates are issued and the sale proceeds used and that |
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do not constitute a lien or encumbrance, legal or equitable, on |
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any real property of the board or on any of its personal |
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property other than the revenues pledged to secure payment of |
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the certificates.
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(2) The faith and credit of the city shall not be pledged |
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and the city shall not be obligated directly or indirectly to |
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make any payments on or appropriate any funds for certificates |
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issued by the board.
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(3) Before issuing any revenue certificate, the board |
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shall, with respect to each issue:
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(a) Prepare or procure from a reliable source detailed |
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estimates of the total cost of the undertaking for which the |
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certificates are contemplated and of the annual revenues to be |
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obtained therefrom and pledged as security for payment of the |
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certificates.
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(b) Determine that the anticipated net proceeds from the |
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sale, together with any other funds available and intended for |
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the purposes of the issue, will be sufficient to cover all costs |
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of the undertaking and of preparing and marketing the issues |
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connected therewith.
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(c) Determine that the annual revenues anticipated from |
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the undertaking will be sufficient to pay not only the estimated |
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annual cost of maintaining, repairing, operating, and replacing, |
399
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to any necessary extent, the undertaking, but also the punctual |
400
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payment of the principal of, and interest on, the contemplated |
401
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certificates.
|
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(d) Specify its determinations in, and include the |
403
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supporting estimates as part of, the resolution providing for |
404
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the issue.
|
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(4) The board may, with respect to any issue of revenue |
406
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certificates, engage the services of a corporate trustee for the |
407
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issue and may treat any or all costs of carrying out the trust |
408
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agreement as part of the operating costs of the undertaking for |
409
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which the certificates are issued.
|
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(5) The board shall from time to time establish such |
411
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rentals, rates, and charges, or shall by agreement maintain such |
412
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control thereof, as to meet punctually all payments on the |
413
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undertaking and its maintenance and repair, including reserves |
414
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therefor and for depreciation and replacement.
|
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(6) Revenue certificates may be issued for the purpose of |
416
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funding, refunding, or both.
|
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(7) All revenue certificates issued pursuant hereto shall |
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be negotiable instruments for all purposes.
|
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(8) Validation bonds shall be in accordance with chapter |
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75, Florida Statutes.
|
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Section 12. Transfer upon cessation of the board.--Should |
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the board cease to exist or to operate for whatever reason, all |
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property of whatever kind shall forthwith become the property of |
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the city, subject to the outstanding obligations of the board |
425
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incurred in conformity with all of the foregoing provisions, and |
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the city shall use this property to the maximum extent then |
427
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practicable for effectuating the purposes hereof and shall |
428
|
succeed to and exercise only such powers of the board as shall |
429
|
be necessary to meet outstanding obligations of the board and |
430
|
effect an orderly cessation of its powers and functions. |
431
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However, under no circumstances shall the city directly or |
432
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indirectly be obligated to pledge or use any of its tax moneys |
433
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to accomplish these functions.
|
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Section 13. Referendum.--No ad valorem tax shall be levied |
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hereunder unless the question of the right of the board to levy |
436
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an annual tax pursuant to section 9 has been submitted to the |
437
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electors who reside within the downtown area and are registered |
438
|
within a precinct which lies within the downtown area and to the |
439
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freeholders owning property in the downtown area.
|
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(1) For the purposes of any required referendum, the city |
441
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clerk shall act as election supervisor and do all things |
442
|
necessary to carry out the provisions of this section.
|
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(2) The Clerk of the City of Lakeland shall compile a list |
444
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of the names and the last known addresses of the property owners |
445
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of real property not wholly exempt from taxes as determined from |
446
|
the tax assessment rolls of Polk County, and the list so |
447
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prepared shall constitute the registration list for the purposes |
448
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of the referendum herein, except as hereinafter provided.
|
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(3) The clerk shall notify each person qualified to vote |
450
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herein of the general provisions of this act and shall send him |
451
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or her a certified copy of same, the dates of the upcoming |
452
|
referendum, and the method provided for additional registration |
453
|
should the status of any property owner have changed from that |
454
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obtained from the county property appraiser. Notification |
455
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hereunder shall be by United States mail and in addition thereto |
456
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by publication one time in a newspaper of general circulation.
|
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(4) Any person entitled to vote herein whose name does not |
458
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appear on such registration list may register with the city |
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clerk at City Hall of the City of Lakeland or by mail in |
460
|
accordance with regulations promulgated by the clerk. The |
461
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registration lists shall remain open until 30 days after the |
462
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notification provided in subsection (3).
|
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(5) Within 30 days after the closing of the registration |
464
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list, the clerk shall have a secret and direct ballot of the |
465
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persons entitled to vote in such a referendum by providing a |
466
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certified voting machine or paper ballot at City Hall of the |
467
|
City of Lakeland, between the legal hours of voting in normal |
468
|
elections. The clerk shall place the date of this election in |
469
|
the original notification and, additionally, the day after the |
470
|
registration list is closed, shall mail to all eligible voters |
471
|
additional notification of the time and place of said election. |
472
|
Within 1 day after holding said election, the clerk shall |
473
|
certify the results thereof to the City Commission of Lakeland |
474
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and to the board. Any person voting who has knowledge that he or |
475
|
she is not a freeholder or elector residing within the district |
476
|
as defined by this act shall be guilty of perjury and shall be |
477
|
prosecuted and, upon conviction, punished in accordance with the |
478
|
provisions of the laws of this state.
|
479
|
(6) For the purposes of this act, one vote shall be |
480
|
allowed for each individual who is a freeholder or elector as |
481
|
defined in section 5(1)(a) and by the State Constitution. Joint |
482
|
and several owners of property shall be allowed to cast one |
483
|
ballot per parcel. Corporations or other artificial legal |
484
|
entities that own property within the district shall designate a |
485
|
voting representative no less than 1 week prior to any |
486
|
referendum in the manner to be prescribed by the city clerk. |
487
|
Such corporations or artificial legal entities shall vote only |
488
|
through their designated representatives.
|
489
|
(7) Additional referenda called for levying special taxing |
490
|
district taxes after changing the boundaries of the downtown |
491
|
area originally established in accordance with section 4 shall |
492
|
be held in accordance with the referendum provisions of this |
493
|
act. However, no provision of this act shall require the |
494
|
approval of property owners or electors in an area which was not |
495
|
previously included within the boundary of the Lakeland Downtown |
496
|
Development Authority.
|
497
|
(8) A repeal referendum may be called by petition of the |
498
|
property owners and electors representing at least 30 percent of |
499
|
the property owners and electors in the downtown area as defined |
500
|
in section 5(1)(a) for the purpose of abolishing the board and |
501
|
repealing this act. Upon the receipt of such a petition for a |
502
|
repeal referendum by the city clerk, a referendum election shall |
503
|
be called by the city clerk and shall be held under the |
504
|
procedures as specified in this section. If the repeal shall |
505
|
fail, there shall be no additional repeal referendum made by |
506
|
petition at any time until 1 year after the certification of the |
507
|
results of the previous repeal referendum by the clerk.
|
508
|
(9) The elections to be held under this act shall be held |
509
|
in accordance with the election laws of the City of Lakeland |
510
|
insofar as possible and the laws of the state.
|
511
|
Section 14. Millage limitations.--This act provides for |
512
|
the establishment of a special taxing district under Section 9 |
513
|
of Article VII of the State Constitution, and the millage |
514
|
limitation is specified in this act as authorized by the State |
515
|
Constitution. It is intended that such tax shall not be |
516
|
construed as a tax for county or municipal purposes as referred |
517
|
to in that section of the State Constitution. However, should |
518
|
this act be judicially construed to be within the 10-mill |
519
|
limitation of the city or the 10-mill limitation of the county, |
520
|
then all provisions of this act shall be null and void and this |
521
|
act shall be of no further effect.
|
522
|
Section 15. Liberal construction.--The provisions of this |
523
|
act, being desirable for the welfare of the city and its |
524
|
inhabitants, shall be liberally construed to effectuate the |
525
|
purposes herein set forth.
|
526
|
Section 4. Chapters 77-588 and 78-549, Laws of Florida, |
527
|
are repealed.
|
528
|
Section 5. This act shall take effect upon becoming a law. |